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(c) Regional Facility. Planning, design and construction of Recycled Water <br /> storage that provides wastewater disposal capacity may be considered a Regional Facility for <br /> the purposes of expenditure of revenues from the uniform regional connection fee subject to <br /> Section 6(b) of the First Supplemental Agreement to Agreement For Wastewater Disposal <br /> Services. If determined to be a Regional Facility, the District and City will share disposal <br /> capacity that is provided by the Recycled Water in proportion to the average dry weather flow <br /> of wastewater emanating from sewage service areas. <br /> 6. District Use of City's Secondary Effluent. <br /> (a) General. As provided for in Section 3(b) of this Agreement, District may utilize <br /> City's Secondary Effluent to meet the requirements of the DERWA Program under the <br /> following conditions: <br /> (b) <br /> (i) Notwithstanding Sections 5(b) and 9(b) of the Basic Agreement between <br /> District and the City of Pleasanton, District will utilize all of District's <br /> Secondary Effluent to meet the requirements of the DERWA Program <br /> prior to utilizing any of City's Secondary Effluent. <br /> (ii) Notwithstanding Sections 5(b) and 9(b) of the Basic Agreement between <br /> District and the City of Pleasanton, commencing January 1, 2005, and <br /> ending December 31, 2009, on any given day District has the right to <br /> utilize up to two and one half (2.5) million gallons per day of City's <br /> Secondary Effluent to meet the requirements of the DERWA Program. <br /> (iii) For the period beyond December 31, 2009, the City will negotiate in good <br /> faith for an extension of the District's use of City's Secondary Effluent for <br /> the DERWA Program if District desires to continue its use of City's <br /> Secondary Effluent and the City does not have another local or regional <br /> use planned or anticipated. <br /> (iv) If District, EBMUD or DERWA purchases Secondary Effluent from a <br /> source other than the District's Wastewater Treatment Plant or if EBMUD <br /> or DERWA purchases District's Secondary Effluent, then District shall pay <br /> City the same amount, or highest amount if more than one source is <br /> purchased, for any of City's Secondary Effluent used by District for the <br /> DERWA Program. <br /> (v) District will submit to City, in writing, by January 31 of each year a <br /> Page 5 of 8 <br /> H: \Board \DraftWGREE \3rd Sup with Pton.doc <br />